S.149 - Public Safety First Act (119th Congress)
Summary
The Public Safety First Act (S.149) mandates the Secretary of Homeland Security to take into custody aliens charged with theft-related offenses in the United States. It amends Section 236(c) of the Immigration and Nationality Act to include specific theft-related crimes as grounds for mandatory detention.
The bill defines terms like 'burglary,' 'theft,' and 'serious bodily injury' according to the jurisdiction where the acts occurred. It also requires the Secretary of Homeland Security to issue detainers for aliens meeting the specified criteria and to take them into custody if they are not already detained by other authorities.
Sponsored by Mr. Cornyn, the bill was introduced in the Senate and referred to the Committee on the Judiciary.
Expected Effects
The primary effect of this bill would be an increase in the detention of aliens charged with theft-related crimes. This could lead to increased costs for detention facilities and potentially strain resources within the Department of Homeland Security.
It may also impact the workload of immigration courts due to potential deportation proceedings. The bill aims to enhance public safety by prioritizing the detention of aliens deemed a potential risk due to criminal charges.
Potential Benefits
- Enhanced public safety through the detention of aliens charged with theft-related crimes.
- Potential reduction in crime rates by removing suspected offenders from communities.
- Increased accountability for aliens who commit crimes in the United States.
- Reinforcement of immigration laws and border security measures.
Most Benefited Areas:
Potential Disadvantages
- Potential strain on resources for detention facilities and immigration courts.
- Risk of detaining individuals who are later found not guilty of the charges.
- Possible negative impact on community relations due to increased immigration enforcement.
- Concerns about due process and potential for discriminatory enforcement.
Constitutional Alignment
The bill's constitutional alignment is complex. While the federal government has broad authority over immigration matters, as established in Article I, Section 8, which grants Congress the power to establish a uniform Rule of Naturalization, the Fifth Amendment guarantees due process to all persons, including aliens, within the United States.
The mandatory detention provisions could raise concerns about due process if individuals are detained without sufficient cause or opportunity to challenge their detention. The Eighth Amendment, prohibiting cruel and unusual punishment, may also be relevant if detention conditions are inadequate.
Furthermore, the equal protection clause of the Fourteenth Amendment could be implicated if the law is enforced in a discriminatory manner. However, the bill does not appear to violate any specific provision of the Constitution on its face, but its implementation would need to adhere to constitutional safeguards.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).